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HomeMy WebLinkAboutCOM 0448.000 2000-2002 J~~y'~F M'Q6y O _ q J-Ia Kim Christopher J. Yuen .mayor Director ,Tr'.~ „`MOf~~ ROy R. Takem®t0 'gTf OF'N P~ Deputy Dtrecfor ~~Ilz~~~r ~~1r~ttt December 6, 2001 PLANNING DEPAiZTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 t- ` ~ ':i (808) 961-S28S • Fax (808) 961-8742 p...=a Ms. Anne Mapes Q Belt Collins Hawaii, LTD 680 Ala Moana Blvd., 1St Floor a Honolulu, HI 96813-5406 ~ Dear Ms. Mapes: SMA Use Permit Nos. 271, 272, and 348 Change of Zone No. 88-157 (REZ 608) Applicant: Ilualalai Elistoric Kaupulehu Sulbject: Annual Progress Report Tax Map Key: 7-2-10:1, 2~4~ 5, 8 & 9; 7-2-11:1-18~ 7-2-12:1-15 & 17-28 Thank you for submitting annual progress reports as required by SMA Nos. 271, 272, and 348, and Ordinance No. 88-157. By copy of this letter we are forwarding the SMA Annual Progress Reports to the Planning Commission. The Change of Zone Annual Report will be forwarded to both the Planning Commission and the County Council for their information. Thank you for your attention to this matter. Should you have any questions regarding this matter, please feel free to contact Eileen O'Hora-Weir or Susan Gagorik of our office at (808) 961-8288. Sincerely, ~ Z ' ~ CHRISTOPHER ~ YUEN Planning Directarr EOW:pak p:\wpwin 601ei leen\I etters\LHualalai SMA&REZ608eow xc w/ltr & report: Hawaii County Council Planning Commission Planning Department -Kona ' S ~mr?ae lda~, 1! ale Ate.., def. T®~ ~~c ~ ~ ~oo~ ~v ti71 ~O J ~ ~ C October 26, 2001 1999.52.0300 / 01 P-275 Mr. Chris Yuen, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Mr. Yuen: Annual Progress Reports Hualalai at Historic Kaupulehu SMA Use Permit Nos. 271, 272, and 348 Change of Zone Ord. No. 88-157 Kaupulehu, North Kona, Hadvaii °fMK: 7-2-10: 1, 2, 4, 5, 8 $c 9; 7-2-11: 1 to 18; 7-2-12:1-15 & 17 to 28 On behalf of Kaupulehu Makai Venture (KMV), submitted herewith are annual progress reports of the project's status, in compliance with Condition 26 of SMA Nos. 271 and 272, Honolulu Condition 8 of SMA No. 348, and Condition O of Zoning Ordinance No. 88-157. Australia Guam Hony Kong As noted in our submittal last year, a Change of Zone was approved fora 279-acre Malaysia portion of the project, effective January 27, 2000, establishing the Hualalai Project District Philippines (Ordinance 006). Consequently, the annual progress report submitted herein pertaining to 9ngapore Ordinance 88-157 is limited to the 345-acre portion of the resort that was not addressed Thailand in the approved Hualalai Project District. Please let me know if you have any questions or require additional information. Sincerely, BELT COLLINS HAWAII LTD. `~~~J~Q Anne L. Ma es p AM:If cc: Richard Albrecht R. Ben Tsukazaki, Esq. Attachments Belt Collins Hawaii Lld. 680 Ala Moana Boulevard, First Floor ¦ Honolulu, Hawaii 96813 USA T/808 521 5361 ¦ F/808 538 7819 ¦ honalulu@beltcollins.com ¦ www.beltcollins.com Change of Zone Ord. 88-157 Annual Progress Report -October 26, 2001 The conditions of approval and status are as follows: (A) the applicant, successors or its assigns shall comply with all of the stated conditions of approval; Response: Kaupulehu Makai Venture (HIVIV) will continue to comply with all stated conditions of approval. (B) a determination that the adequacy of potable water can be met for the various zoned districts or a specified increment thereof shall be made in the following manner: (1) a detailed water resource management plan shall be submitted to and accepted by the Planning Director in consultation with the Department of Water Supply and the State Department of Health. Said plan shall include, but not be limited to, hydrological study(ies) of water source(s); location of the well(s) or point of diversion; quantity and quality of water; dependability and sustainable yield of the identified source(s); a calculation of water demand based on maximum density permitted or total land area of the zoned district; projected maximum water consumption for domestic, commercial, industrial and fire protection purposes of the proposed development or specified increment; location of proposed water system, water storage, pumps and transmission lines; reporting schedule and operational procedures; (2) following the acceptance of a water resource management plan, an agreement, which has been approved by the Department of Water Supply, the Planning Director and Corporation Counsel, shall be executed with the County of Hawaii prior to the issuance of final subdivision approval to assure implementation of the accepted water resource management plan; Response: The Department of Water Supply approved the water resource management plan in 1995. An agreement was executed with Hawaii County before final subdivision approval. (C) a 150-foot-wide planting easement adjacent to and along Queen Kaahumanu Highway throughout the length of the properties, exclusive of roadway access, shall be set aside and delineated on subdivision plans submitted for the affected area. Landscaping plans shall be submitted and approved by the Planning Director in conjunction with the review of construction plans for subdivision improvements; Response: The 150-foot-wide planting easement is shown on the approved plat map (FP 2180). A subdivision application for the Hualalai Project District, which includes the area abutting the planting easement, was submitted to the Planning Department on 9-21-2000. At this time, the plans to landscape the buffer are being prepared. 1 (H) no lots shall have direct access from the Queen Kaahumanu I-Iighway except through an access point approved by the State Department of Transportation. Other access to the proposed lots shall be from the interior roadways; Response: KMV will continue to comply. Access to developed lots are from interior roadways. Access to Queen Kaahumanu Highway is via the channelized intersection approved by the State Department of Transportation. (I) a drainage system shall be installed meeting with the approval of the Department of Public Works; Response: Drainage systems for constructed projects at Hualalai were approved by the Department of Public Works. When other projects are developed in the future, K1VIV will seek approval from the Department for associated drainage systems. (J) all residential, commercial and hotel units and uses shall be connected to a secondary sewage treatment plant, public or private, meeting with the approval of the appropriate governmental agencies. The secondary sewage treatment plant shall have astand-by generator to operate the plant in the event of an electrical power outage; Response: Current residential, commercial, and hotel uses are connected to a sewage treatment plant with a standby generator. (K) the applicant, successors or assigns shall be responsible for satisfying an affordable housing requirement which is being assessed on both the resort and residential components of the proposed project. A maximum of four hundred eighteen (418) affordable units will be required to address the needs generated by the one thousand fifty eight (1,058) resort/hotel units currently being proposed. A maximum of three hundred (300) affordable units will be required for the residential component of the project based on 60% of the total number of residential units being proposed. The total affordable housing requirement being assessed, based on the current development scenario, will be a maximum of seven hundred eighteen (718) affordable units. These affordable housing units may be provided on or off the project site. The actual number of affordable units required may increase or decrease proportionally along with the actual number of resort and residential units developed by the applicant. Stated in 1988 dollars and subject to adjustment for inflation, the dollar value equivalent of the affordable housing requirement involving seven hundred eighteen (718) affordable units shall be a maximum of five million seven hundred seventy-one thousand five hundred twenty dollars ($5,771,520). This value may be adjusted annually on the effective date of the change of zone ordinance by the Planning Director in consultation with the Office of Housing and Community Development based on mutually acceptable cost indices. The affordable housing requirement shall be implemented concurrently with the completion of units for the resort/residential project. If an affordable housing demand, or portion thereof, does not exist at the time a particular phase of a resort is ready to be developed, the 3 . (M) should any unanticipated archaeological sites be uncovered during land preparation activity, work within the affected area shall cease and the Planning Director shall be immediately notified. Work within the affected area shall not resume until clearance is obtained from the Planning Director; Reslonse: Unanticipated archaeological sites were uncovered during land disturbances in 2001. Work ceased and did not resume until appropriate measures approved by DLNR, SI'1PD were taken. (N) plans for the hotel and related improvement shall be submitted to the Planning Department for plan approval review within one year from the effective date of this ordinance. Construction shall commence within one year from the date of receipt of final plan approval and be completed within three years thereafter; Response: Plans for the Four Season 1-Iotel (S1VIA 271) were submitted for plan approval review and construction started within one year of final plan approval in 1991. Subsequently, a plan approval was issued on August 17, 1993 fora 250-room, low-rise hotel plan. A building permit for the revised hotel was issued in 1995 and construction was completed in 1996. The completed hotel contains 243 units. (O) a water quality and marine life monitoring and mitigation plan shall be submitted to and approved by the Planning Department prior to the issuance of a grading permit and/or prior to any land preparation activity being conducted on the golf course and hotel sites; Response: A water quality and marine life monitoring plan was approved by the Planning Department and the applicant is complying with specifics of the monitoring plan. (P) an anchialine pond management plan shall be submitted to and approved by the Planning Director within one year from the effective date of the ordinance or prior to conducting any land preparation activity in the affected area, whichever occurs first; Response: The anchialine pond monitoring plan was approved by the Planning Department. In 1996, an updated plan was approved by the Planning Department. (Q) two mauka-makai public accesses shall be provided. A lateral public access throughout the length of the property shall also be provided. One public shoreline parking stall for every 10 hotel and residential units and restroom/shower facilities shall be provided at each mauka-makai access concurrently with the development of the first hotel or residential development. An easement shall be recorded with the State Bureau of Conveyances for both the public accesses and parking areas. The location, time of construction and/or availability, restrictions or uses, signage and related improvements for the public shoreline accesses and parking areas shall be approved by the Planning Department. Best efforts shall 5 (V) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of zone change. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; Response: This constitutes the annual report of the project's status. (V~ should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer's selection, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; and, Response: KMV will consider this option should the Council adopt a Unified Impact Fees Ordinance. (X) an initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1) the non-performance is the result of the conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence; 2) granting of the time extension would not be contrary to the general plan or zoning code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; and the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year); and, 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or to a more appropriate designation. Response: KMV understands that the Planning Director may grant extensions for periods not to exceed originally granted tune periods. 7 _ _